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Secretly recording workplace conversations and disseminating them to colleagues was "sneaky, deceitful and unfair", the Fair Work Commission has ruled, finding the employee in question "needed to be stopped".

Although the employer "could have been somewhat clearer" when informing the employee that he wasn't authorised to record colleagues without a sound and lawful reason to do so, Commissioner Jennifer Hunt said he should have known his conduct was "unfair" to those involved in the discussions.

Queensland Rail sacked the senior traction linesperson in July last year for breaching its code of conduct. It alleged he secretly recorded workplace conversations, inappropriately distributed the recordings, and sent colleagues intimidating and threatening emails.

He claimed unfair dismissal, arguing he made the recordings to "protect himself and accurately document discussions", and said his emails were in response to being bullied in early 2020 by a former coworker. Further, he accused the employer of not following its own disciplinary processes...